SATISH KUMAR MITTAL, J. - (1.) PETITIONER Vikas Paruthi @ Sonu has filed this petition under Section 482 Cr.P.C. for quashing the order dated 22.1.2005 passed by the Sub-Divisional Judicial Magistrate, Phagwara, whereby his application for releasing his original passport for a short period for formal production to complete immigration formalities in U.K. Embassy, has been dismissed.
(2.) THE petitioner is facing trial in case FIR No. 127 dated 24.9.2004 registered under Sections 323/506/427/341/148/149 IPC at Police Station City, Phagwara. In the said FIR, all the accused were arrested and later on released on bail by the JMIC, Phagwara. In the bail order, all the accused were ordered to surrender their passports. Accordingly, the present petitioner also surrendered his passport in the Court. The petitioner is married to Ms. Geeta Surpal, who is a resident of U.K. She has sponsored the name of the petitioner for his immigration to U.K. For that purpose and to complete those formalities, the petitioner is required to submit his original passport to the U.K. Embassy for their persual. In this regard, the petitioner filed an application before the trial Court for release of his passport for a short period so that the same can be produced before the U.K. Embassy for their perusal. The said application has been dismissed by the trial Court on the ground that in case the passport is released to the petitioner, there is likelihood that he will leave this country and will not return back. I have heard the counsel for the parties. Counsel for the petitioner submits that the petitioner will not leave the country without prior permission of the Court. The petitioner only wants that his immigration formalities be completed and for that purpose he is required to submit the original passport to the U.K. Embassy for their perusal. Counsel submits that the petitioner is ready to give an undertaking that he will return the original passport to the Court on or before September 15, 2006 after completing all the formalities. He is further ready to furnish the heavy security with an undertaking that he will not leave the country on the basis of the said passport and return the same within the stipulated time.
(3.) AFTER hearing the counsel for the parties and considering the facts and circumstances of the case, I am of the opinion that it will be in the interest of justice to release the original passport of the petitioner for a short period for the production before the concerned authorities for completing the immigration formalities in U.K. Embassy, subject to the following terms and conditions :- (i) that the petitioner will return the original passport to the Court on or before September 15, 2006; (ii) that the petitioner will furnish a surety of Rs. 2,00,000/- to the satisfaction of the trial Court with an undertaking that he will not leave the country on the basis of the said passport and return the original passport within the stipulated time. ;